K.Thangavel v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.08.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH and W.M.P.Nos.35102 & 35103 of 2025 K.Thangavel S/o.M.Karuppan ... Petitioner Vs.

1.The Commissioner, Hindu Religious & Charitable Endowment Department, Uthamar Gandhi Salai, Nungampakkam, Chennai - 600 034.

2. The Joint Commissioner, Hindu Religious & Charitable Endowment Department, Erode.

3. The Assistant Commissioner, Hindu Religious & Charitable Endowment Department, Namakkal District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, to call for the records of the impugned order of the third respondent appointment the Fit person vide proceeding in Se.Mu.Na.Ka.No.3832/2021/A6 dated Nil.12.2021 and quash the same is illegal, in violation of the principles of natural justice. For Petitioner : Mr.M.Subash 1/4

For Respondents : Mr.N.R.R.Arun Natarajan Special Government Pleader *****

O R D E R

This writ petition has been filed challenging the impugned proceedings of the third respondent appointing the fit person.

2. Heard Mr.M.Subash, learned counsel for petitioner and Mr.N.R.R.Arun Natarajan, learned Special Government Pleader appearing for respondents.

3. It is seen from records that the fit person was appointed in the year 2021. Subsequently, a trustee was appointed through proceedings dated 14.08.2023. In view of the same, the appointment of the fit person came to an end since such appointment is only temporary. It is also brought to the notice of this Court that the petitioner has challenged the appointment of trustee before the Joint Commissioner, which is pending in R.P.No.3 of 2025. In view of the same, it will be appropriate for the petitioner to prosecute the petition pending before the Joint Commissioner.

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4. In the light of the above discussion, the relief as sought for by the petitioner cannot be granted by this Court and there shall be a direction to the second respondent to deal with the petition pending in R.P.No.3 of 2025 on its own merits and in accordance with law and pass final orders within a period of eight (8) weeks from the date of receipt of a copy of this order. This writ petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petitions are closed. 21.08.2025 Speaking/Non-speaking order Index : Yes / No gm N. ANAND VENKATESH, J.

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1.The Commissioner, Hindu Religious & Charitable Endowment Department, Uthamar Gandhi Salai, Nungampakkam, Chennai - 600 034.

2. The Joint Commissioner, Hindu Religious & Charitable Endowment Department, Erode.

3. The Assistant Commissioner, Hindu Religious & Charitable Endowment Department, Namakkal District.

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